Commissioners Christian Whitehurst and Sarah Arnold want a judge to dismiss the criminal charges tied to a fake Republican voter guide scheme in 2024.

All five defendants in the case have filed motions to dismiss, the St. Johns Citizen reported Thursday, Sept. 10. The group also includes former St. Augustine Beach Mayor Dylan Rumrell, campaign manager Brianna Jordan and consultant Jamie Lynn Johnson.

Only Whitehurst's motions have appeared on the public docket so far, offering the first look at defense arguments in the case.

Whitehurst's key argument: The party's symbols weren't filed

Whitehurst's attorneys argue the Republican Party of Florida did not formally file the names and symbols of the St. Johns County Republican Executive Committee (SJREC) with the Florida Department of State until July 11, 2025. The guides were distributed in August 2024.

Florida law prohibits representing a voter guide as an official party publication without written permission. But a related statute ties that requirement to party names and symbols that have been filed with the state. Whitehurst's legal team contends no such filing existed when the alleged offense occurred, so permission was not legally required.

The attorneys attached the Republican Party of Florida's dated filing as evidence.

The motion asks the judge to dismiss both of Whitehurst's charges or, as an alternative, bar prosecutors from pursuing the allegation that he lacked written authorization. That would not necessarily eliminate the state's separate allegation that the guides omitted disclosures identifying who paid for them.

Wrong court, Whitehurst argues

Whitehurst filed a second motion arguing his misdemeanor charges belong in County Court, not Circuit Court. Prosecutors placed all five defendants under one Circuit Court case number. Jordan is the only defendant facing a felony charge, accused of tampering with physical evidence after investigators said unmailed guides were burned and destroyed. Whitehurst's attorneys argue Jordan's felony cannot give Circuit Court jurisdiction over a different defendant's misdemeanors.

The motions filed by Arnold, Rumrell, Jordan and Johnson have not been released. Their specific arguments for seeking dismissal are unknown.

What prosecutors allege about the 2024 mailing

Prosecutors say the five defendants gathered at a St. Augustine campaign house on Aug. 1, 2024, where thousands of unauthorized guides were placed into envelopes. Whitehurst, Arnold, Rumrell and campaign staff allegedly labeled, stamped and sealed the envelopes. Jordan and Johnson oversaw the operation, according to a Florida Department of Law Enforcement (FDLE) affidavit cited in Florida Politics' reporting.

The guides allegedly resembled official SJREC voter guides but promoted candidates who had not received the local party's endorsements. Investigators said the guides used altered versions of the SJREC logo colors and omitted required disclosures. Roughly 10,000 were mailed, according to testimony cited in charging documents.

Whitehurst and Arnold each face two misdemeanor counts: creating an unauthorized voter guide in alleged violation of Florida Statute 106.1436, a first-degree misdemeanor, and conspiracy under Florida Statute 777.04, a second-degree misdemeanor. Rumrell faces the same charges. Whitehurst and Arnold have pleaded not guilty.

Commissioner Ann Taylor said in a July 7 statement that the charges "completely shatters the public trust required to govern" and called on all three elected officials to resign.

No ruling yet on dismissal motions

The judge has not ruled on Whitehurst's motions. No response from prosecutors has been released.

The charges were filed July 6 by 8th Judicial Circuit State Attorney Brian Kramer, whose Gainesville-based office took the case after recusals by the 7th Circuit, which includes St. Johns County, and the Jacksonville-centered 4th Circuit, according to Florida Politics.

The St. Johns County Commission has approved a vote of no confidence in Whitehurst and Arnold and formally asked Gov. Ron DeSantis to suspend them, News4JAX reported Aug. 4. DeSantis had not acted on the request as of that date. Whitehurst told News4JAX on Aug. 4 that he would not resign.

Arnold is not running for re-election in 2026. Whitehurst is in office until 2028.